T.Chavatapalli Nagabushanam v. The State Of A.P., Rep. By Its P.P.

HON'BLE SRI JUSTICE RAJA ELANGO Crl.P.M.P. No.9054 and 9055 of 2015 & Criminal Petition No.3655 of 2013 ORDER:

The petitioners - accused filed this Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the P.R.C. No.1 of 2013 in C.C.SR.No.3150 of 2011, dated 18-01-2013 in Crime No.25 of 2010 of Katrenikona Police Station, East Godavari District, for the offences punishable under Section 323 I.P.C. and Section 3(1)(x) of S.Cs. & S.Ts. (PoA) Act, 1989. The second respondent filed Crl.P.M.P. No.9054 of 2015 and petitioners - accused filed Crl.P.M.P. No.9055 of 2015 seeking permission of the Court to compound the offences. The affidavit of the second respondent filed along with the petition would disclose that at the instance of elders and well-wishers, they have settled the matter out of court and he has no objection for quashing the proceedings against petitioners - accused.

The petitioners - accused and the second respondent are present before this Court and produced their identities and the same are verified by the learned Addl. Public Prosecutor. The second respondent stated that on the advice of elders and wellwishers, himself and petitioners have compromised the matter out of Court and therefore he intends to withdraw the criminal proceedings pending against petitioners with free will and consent and there is no coercion or undue influence from any side for the same.

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The learned Addl. Public Prosecutor submitted that there is no objection to quash the proceedings inasmuch as both the parties settled the matter amicably.

In the light of the compromise arrived at between the parties, this Court is of the view that continuation of the criminal proceedings against petitioners would serve no purpose and invoking the provisions under Section 482 Cr.P.C. criminal proceedings pending against petitioners can be quashed by compounding the offences.

Accordingly, Crl.P.M.P. Nos.9054 and 9055 of 2015 are ordered. Consequently, the Criminal Petition is allowed and the proceedings in P.R.C. No.1 of 2013 in C.C.SR.No.3150 of 2011, dated 18-01-2013 in Crime No.25 of 2015 of Katrenikona Police Station, East Godavari District are hereby quashed. The affidavit of the second respondent and the Joint Memo filed into Court be made as part of this order. Miscellaneous Petitions, if any, pending in this criminal petition shall stand closed. __________________ RAJA ELANGO, J 02nd September, 2015 skmr